California

California Penal Code § 422.55 PC defines hate crime as a criminal act committed in whole or in part because of the victim’s actual or perceived: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Examples Kevin threatens …

Who can be charged with a "hate crime" in California? (Former DA explains)Watch this video on YouTube Penal Code § 422.6 PC is the California hate crime statute that makes it illegal to interfere with another person’s civil rights because of that person’s (actual or perceived) protected characteristics. These characteristics include the person’s disability, gender, nationality, …

Penal Code 422.7 PC is one of California’s hate crime statutes that imposes an additional penalty whenever: you are convicted of a California misdemeanor, and that misdemeanor is also proven to be a hate crime. A “hate crime” as defined in Penal Code 422.55 means a criminal act committed because of one of the following …

Penal Code § 422.75 PC is one of California’s hate crime statutes that imposes an additional penalty (sentencing enhancement) on an accused whenever he or she is convicted of a felony, and that felony is also proven to be a hate crime. The language of the statute reads as follows: 422.75. (a) Except in the …

California Penal Code § 29810 PC requires you to relinquish all firearms that you own, possess, or control if you are convicted of a felony (as well as certain misdemeanor offenses). The language of the code section reads as follows: 29810. (a) For any person who is subject to Section 29800 or 29805, the court …

California’s driving under the influence of drugs (“DUID”) law applies to all drugs that impair one’s driving abilities – including prescription painkillers.1 This means that you may face California DUI penalties for driving under the influence of Vicodin, Hydrocodone, Percocet, Codeine, Oxycotin, or other narcotic painkillers. The punishment for DUI of Vicodin (hydrocodone) and other painkillers in California …

Should I Take the PAS Test if I Get Arrested for DUI?Watch this video on YouTube A PAS test (preliminary alcohol screening) is a roadside breathalyzer test police give you if they suspect you of driving under the influence. A handheld device measures your blood alcohol content (“BAC”), and officers use the results to determine …

Should I refuse the DUI breath test in CA? – A former DA explainsWatch this video on YouTube Refusing to take a breathalyzer test or a blood test after being arrested for driving under the influence in California carries consequences. A chemical test refusal triggers harsher DUI penalties and a mandatory driver’s license suspension regardless …

You cannot get a revoked driver’s license reinstated or restored in California. Instead, you must apply for a new license. This can only be done once the period of revocation is over. Application means you will have to retake driving tests and pay applicable fees. According to Vehicle Code 13101 VC, revocation means that your …

The Rhomberg balance test is a non-standardized field sobriety test (FST) police officers administer to gauge whether a DUI suspect is under the influence of alcohol and/or drugs.1 Since the test has not been standardized by the National Highway Transportation Safety Administration (NHTSA), any qualified DUI lawyer should therefore be able to attack the test’s …

California Penal Code § 25610 PC permits you to transport or carry a firearm in a motor vehicle if you (a) are 18 or older, (b) reside in the state, and (c) are not otherwise prohibited from having a gun. But the firearm must be unloaded and in the trunk or in a locked container. If …

A 2nd-time DUI conviction in California triggers a two-year driver’s license suspension. However, the DMV usually lets you continue driving with an ignition interlock device (IID) in your vehicles. You can avoid getting your license suspended if you can win both your: Criminal case and DMV hearing. The following chart summarizes the license suspension periods …

DUI of Sleeping Pills (Ambien, Lunesta, Sonata, Rozerem)Watch this video on YouTube You will face California DUI penalties for driving under the influence of sleeping pills such as Ambien or Lunesta. This is because California’s driving under the influence of drugs (“DUID”) law, applies to legal prescription and over-the-counter drugs as well as to illegal drugs.1 California …

If you get convicted in California for a third-time DUI, the DMV will suspend your license for three years. However, the DMV may permit you to continue driving if you get an ignition interlock device installed. In order to avoid getting your license suspended at all, you need to win both your: Criminal case and DMV …

Obstructing a business establishment after being asked to leave — Penal Code 602.1 PCWatch this video on YouTube California Penal Code § 602.1 PC makes it a misdemeanor to intentionally interfere with or obstruct a public business establishment after being asked to leave the premises. A conviction carries a sentence of up to 90 days in jail and a fine …

When is it illegal to loiter on someone's property? California Penal Code 647(h) PCWatch this video on YouTube California Penal Code § 647(h) makes it a crime to loiter on someone else’s property with the intent to commit a crime. The section applies to anyone “who loiters, prowls, or wanders upon the private property of …

Penal Code § 647(i) PC makes it a misdemeanor to peek into a home while loitering, prowling or wandering on someone else’s private property without a legitimate purpose. A conviction is punishable by up to 6 months in jail and a fine of up to $1000.00. The crime is commonly referred to as peeking while loitering or unlawful …

California Penal Code 20310 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess an “air gauge knife,” or “AGK.” An air gauge knife is an object that: looks like or resembles an air gauge; and, has a knife concealed inside it. 20310 PC states …

Penal Code § 654 PC is the California statute that prohibits two or more punishments for the same criminal act or omission. The language of the statute reads that: 654. (a) An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for …

"Firearms" in California – What is the definition? And which "Assault Rifles" are banned? 16520 PCWatch this video on YouTube In California, Penal Code § 16520 defines a firearm as “a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other …

Penal Code § 12022.5 PC is a firearm sentencing enhancement that can add up to 10 additional years of prison time if you personally use a firearm during the commission (or attempted commission) of a felony. Using a firearm is not limited to firing the gun. This section also applies if you display the firearm …

Penal Code 12022.4 PC creates a sentencing enhancement for anyone who (a) furnishes, or attempts to furnish, a firearm to someone else, and (b) does so with the purpose of aiding or abetting that person to commit a felony. The enhancements under this statute subject a defendant to a certain number of years in California …

A Watson murder is a form of second-degree murder in California.1 It can be charged when a person with a prior California DUI conviction kills someone while driving under the influence. 2 “Watson murder” takes its name from a 1981 California Supreme Court case called People v. Watson. 3 In that case, the court held that …

California Penal Code § 12022.2 PC is a sentencing enhancement that adds up to 10 years of prison time if you use armor-piercing ammunition in the commission of a felony. If you wear a body vest while committing the felony, the prison enhancement is up to five years. Examples: Committing a burglary while wearing a …